“The situation in Nicaragua continues to be critical,” says the OHCHR

“The situation in Nicaragua continues to be critical,” says the OHCHR

Geneva, July 10th 2019. The United Nations Deputy High Commissioner for Human Rights, Kate Gilmore, said today before the UN Human Rights Council that the situation in Nicaragua remains critical: authorities continue to repress peaceful protest and dissent, at least 80 people who participated in protests remain in detention, human rights defenders and community leaders continue to be threatened and harassed, and journalists continue to be targets of threats and censorship.

“One year after the violent repression of nationwide demonstrations, which resulted in more than 300 people killed, 2,000 injured and over 70,000 people going into exile, human rights violations committed in that context remain unaccounted for”, explained Gilmore, in an oral update held this Wednesday.

This update takes place as a follow-up measure to the resolution “Promotion and protection of human rights in Nicaragua”, approved on March 21, which asked the United Nations High Commissioner for Human Rights, Michelle Bachelet, to prepare oral and written updated reports about the situation in Nicaragua.

Recent events

Kate Gilmore brought up a series of events that have happened recently in Nicaragua, including the release of 442 political prisoners, of whom 106 were released under the questioned Amnesty Law. However, the OHCHR has received information that more than 80 people are still detained.

“We urge the release of all individuals arbitrarily detained for their participation in the protests or for expressing dissenting or critical views, including those under alternative measures to imprisonment,” she stressed, reiterating the call “for prompt, impartial and effective investigations into these torture allegations and violent events in custody.”

She expressed concern about the arbitrary actions of the National Police, which continues to impede the citizen’s right to demonstration, stating that according to non-governmental sources, since mid-March 2019, more than 500 people were arrested by police officers while trying to organize protests in several cities, although the majority remained in custody for a few hours and were then released without charges.

She also referred to the situation of human rights defenders and community leaders who continue to be the target of attacks, threats, harassment and constant surveillance, and the fact that the authorities have not yet re-established the legal status and assets of 9 civil society organizations that were arbitrarily outlawed in November and December 2018.

In addition, she emphasized that “violations of the right to freedom of expression, including freedom of the media, continue to affect journalists and other media workers, and media outlets.”

The Nicaraguan State continues to deny responsibilities

The Deputy High Commissioner also regretted that the Nicaraguan Government continues to deny the responsibility of state agents or pro-government armed elements in the acts of violence committed last year. “It is crucial to ensure accountability without any exception, to ensure victims’ right to truth and reparation, and to determine the guarantees that the State will put in place to avoid the recurrence of human rights violations,” said Gilmore.

In fact, Nicaraguan Deputy Foreign Minister Valdrack Jaentscke, who participated in the session of the Human Rights Council, repeated the government’s argument that in Nicaragua there was a failed coup attempt that was brought under control to “consolidate peace and resume the path of progress and wellness”. In addition, he said that in Nicaragua there is no persecution of human rights defenders.

On the latter, the Nicaraguan Center for Human Rights (CENIDH, for its initials in Spanish) said in a statement published after the session of the Human Rights Council, that the Nicaraguan Deputy Foreign Minister “lies”, since CENIDH itself is one of the “victims of a vengeful persecution, usurpation of property and cancellation of legal personality,” which has forced the “exile of several human rights defenders, and those who continue to exercise in our country the right to defend rights face a hostile environment, disqualification, stigmatization and threats”.

Delegations opined

Most of the delegations that expressed their views after the update on Nicaragua requested the release of political prisoners who are still imprisoned and asked the Nicaraguan government to resume the national dialogue in good faith, to guarantee the independent work of civil society organizations, and to carry out impartial investigations into the violent acts committed since April 2018, as well as to allow the return of an OHCHR mission to the country.

That was the case of the delegation of Argentina, which spoke on behalf of Brazil, Canada, Costa Rica, Chile, Colombia, Ecuador, Paraguay and Peru; and others such as Croatia, Uruguay, Spain, Germany, Mexico, Australia, Finland, Switzerland, Belgium, Georgia and Barbados.

“We are worried about the persistence of acts of violence, as well as new forms of repression and human rights violations. It is also alarming that acts aimed at preventing the work of human rights defenders, journalists and the media continue,” the Uruguayan delegation said.

The representative of Spain also expressed concern about the Amnesty Law, which “may condition the release of prisoners and serve as a basis for possible situations of impunity in the face of human rights violations.”

Bolivia, Cuba, Russia and Venezuela supported the Nicaraguan Government and argued that the “self-determination of the people” and “non-interference” in internal affairs should be respected.

Civil society, on the other hand, such as the International Federation of Human Rights (FIDH, for its initials in Spanish) and CIVICUS also echoed the demands of the Nicaraguan people and participated in the debate within the UN Human Rights Council.

Statement

Race and Equality joins the call of the OHCHR and the diplomatic missions that support the human rights of Nicaraguans, to the Government of Nicaragua to comply with the international commitments it has signed and proceed to the full and unconditional release of the political prisoners who continue to be incarcerated, to resume the dialogue with the Civic Alliance for Justice and Democracy in good faith and with the intention of honoring the agreements signed there, to restore the rights of citizens that have been violated and restricted in violation to international standards for more than fourteen months, and to investigate the violent events that occurred since April 2018 and punish those responsible so that victims and their families have access to justice.

UN renews crucial mandate for protection against violence and discrimination based on sexual orientation and gender identity

“This is another historic victory, not only for communities of diverse sexual orientations and gender identities, but for humanity as a whole.”

(Geneva, July 12, 2019) – In a defining vote, the United Nations Human Rights Council adopted a resolution to renew the mandate of the Independent Expert focusing on the protection against violence and discrimination on the basis of sexual orientation and gender identity.

The resolution was adopted by a vote of 27  in favor, with 12 voting against and 7 abstentions.

The campaign calling on the Council to renew the mandate of the UN Independent Expert on SOGI was supported by 1,312 non-governmental organizations from 174 States and territories.

“This is another historic victory, not only for communities of diverse sexual orientations and gender identities, but for humanity as a whole”, said Paula Sebastiao of Arquivo de Identidade Angolano in Angola and Simran Shaikh, Asia coordinator of the Trans Respect v. Transphobia project, on behalf of 60 human rights groups worldwide. “Following the call from a record number of organizations from every region imaginable, the UN Human Rights Council has reaffirmed its commitment to combat discrimination and violence on grounds of SOGI, and has reminded all states of their obligations towards these communities.”

Created in 2016, the UN Independent Expert on SOGI has been supported by an ever-growing number of States from all regions of the world. The resolution to create and renew the mandate was presented by a Core Group of seven Latin American countries – Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, and Uruguay.

“The renewal of this mandate demonstrates how United Nations States’ support for tackling violence and discrimination against people of diverse sexual orientations and gender identities has grown tremendously,” said UN Trans Advocacy Week campaigners. “The Independent Expert is crucial in bringing international attention to specific violations and challenges faced by trans and gender-diverse persons in all regions.”

Although the renewal process had to overcome 10 hostile amendments, the core of the resolution in affirming the universal nature of international human rights law stands firm.

“The existence of a specific UN human rights mechanism looking at SOGI issues is crucial for our communities to be heard at the global level,” added Ryan Silverio of ASEAN SOGIE Caucus from the Philippines. “If the world is truly committed to leaving no one behind, it can’t shy away from addressing the violence and discrimination that we face. Laws criminalizing our identities and actions are unjust, and should no longer be tolerated”.

The UN Independent Expert on SOGI is tasked with assessing implementation of existing international human rights law, by talking to States, and working collaboratively with other UN and regional mechanisms to address violence and discrimination. Through the work of this mandate since 2016, the impact of criminalization of same-sex relations and lack of legal gender recognition, the importance of data-collection specific to SOGI communities, and examples of good practices to prevent discrimination have been highlighted globally, with visits to Argentina, Georgia, Mozambique and Ukraine.

The International Institute on Race, Equality, and Human Rights celebrates the renewal of this mandate as essential in the protection of human rights for Afro individuals with diverse SOGI. In consequence, it is rewarding to count with an Independent Expert who is bound to face the multiple and intersectional forms of violence and discrimination by SOGI, such as those motivated by racial prejudices.

We hope that all governments cooperate fully with the UN Independent Expert on SOGI in this important work to bring about a world free from violence and discrimination for all people regardless of sexual orientation and gender identity.

“We are very thankful to the seven States in the Core Group who tabled the resolution to renew the mandate” said Andrea Ayala from El Salvador. “Their support comes at a crucial moment in our region, where any sign of progress on inclusion and equality is being countered with violence, persecution and hate speech, a dangerous rhetoric about ‘gender ideology’ and sometimes blatant opposition to the rights of our communities”.

ONU RENOVA MANDATO CRUCIAL DE PROTEÇÃO CONTRA VIOLÊNCIA E DISCRIMINAÇÃO BASEADA NA ORIENTAÇÃO SEXUAL E IDENTIDADE DE GÊNERO

leia a versão em português

Organisations signing the statement:

42 Degrees
ABGLT – ASSOCIAÇÃO BRASILEIRA DE LESBICAS, GAYS, BISSEXUAIS, TRAVESTIS, TRANSEXUAIS E INTERSEXOS
Accountability International
Amnesty International
ARC International
ASEAN SOGIE Caucus
Asia Pacific Transgender Network (APTN)
Asistencia Legal por los Derechos Humanos A.C. (ASILEGAL)
Asociación OTD Chile
Caribe Afirmativo
çavaria
CHOICE for Youth and Sexuality
COC Nederland
Colectivo Alejandria
Comunidad Homosexual Argentina (CHA)
Conurbanes por la Diversidad- Argentina
Egale Canada
Equality Australia
ERA – LGBTI Equal Rights Association for Western Balkans and Turkey
Fundación Afrodescendiente por las Diversiades Sociales y Sexuales – SOMOS IDENTIDAD
Fundacion Arcoiris por el respeto a la diversidad sexual
Fundación Reflejos de Venezuela
GATE
Gender DynamiX
GIN-SSOGIE
Haus of Khameleon
Helsinki Committee for Human Rights of the Republic of Macedonia
Human Rights Awareness and Promotion Forum
Human Rights Law Centre
ILGA Asia
ILGA World
ILGALAC – Asociación Internacional de Lesbianas, Gays, Bisexuales, Trans e Intersex para América Latina y El Caribe
International Family Equality Day
International Bar Association’s Human Rights Institute (IBAHRI)
International Service for Human Rights
Iranti
Korean Lawyers for Public Interest and Human Rights (KLPH)
Las Reinas Chulas Cabaret y Derechos Humanos AC
LGBTI Support Center
LSVD Lesbian and Gay Federation in Germany
Namibia Diverse Women’s Association (NDWA)
ODRI Intersectional rights
OutRight Action International
Pacific Human Rights Initiative
People’s Matrix
People’s Solidarity for Participatory Democracy
Planet Ally
Red Latinoamericana GayLatino
REDTRANS Nicaragua
RFSL, the Swedish Federation for LGBTQ Rights
RFSU
RWS – India’s Diverse Chamber
Stichting NNID
Synergía – Initiatives for Human Rights
The International Institute on Race, Equality and Human Rights
the Transgender Liberation Front(abbr. TLF)
Trans Pasefika
TransAction (Aotearoa / New Zealand)
Valientes de Corazón Ecuador
Young Queer Alliance

Joint Communiqué: 2019 CERD election set a milestone for gender parity

Geneva, Switzerland. 28 June 2019

On June 21st, States parties to the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) voted to renew half of the membership of the Committee (CERD). They elected 6 new experts and re-elected 3 members who were already seating in the Committee, among 14 candidates from all regions.

New members include Ms. Stamatia Stavrinaki (Greece), Mr. Eduardo Ernesto Vega Luna (Peru), Mr. Ibrahima Guisse (Senegal), Ms. Faith Dikeledi Pansy Tlakula (South Africa), Ms. Sheikha Abdulla Ali Al-Misnad (Qatar) and Mr. Mehrdad Payandeh (Germany).

They will join 3 experts whose terms as members of the CERD were coming to an end and who have been re-elected for another four-year period: Ms. Verene Shepherd (Jamaica), Ms. Yanduan Li (China), and Ms. Yemhelha mint Mohamed (Mauritania), as well as the 9 other members of the Committee, whose mandate will expire in 2022.

Minority Rights Group International (MRG), the International Institute on Race, Equality and Human Rights (Race & Equality) and the International Movement Against All Forms of Discrimination and Racism (IMADR), congratulate newly elected CERD members and those re-elected. This year’s election set an important milestone for gender parity within the Committee. With the election/re-election of 6 women, half of the Committee’s seats will be held by women from next year. It was the first time in the history of the CERD that the election led to equal representation of men and women in the Committee. We encourage States parties to continue taking into account of a good gender balance in the CERD’s membership.

On the other hand, there remains a margin of improvement regarding the equitable geographic distribution in the CERD membership. Notably, only one member of the Committee will be from Eastern Europe from 2020. We invite States parties to give a greater consideration to equitable geographic distribution in the CERD membership.

In an effort to promote a merit-based and transparent CERD election process, our three organisations circulated a questionnaire to all candidates on their background, relevant experience and vision of their work as a member of the Committee. Responses received were then posted on a dedicated website: www.untbelections.org, and shared with States parties one month ahead of the election in order to help them learn the qualifications of respective candidates and inform their decision.

Background:
The Committee on the Elimination of Racial Discrimination is composed of 18 independent experts. Members are elected for a term of 4 years by States parties from among their nationals, consideration being given to equitable geographical distribution and to representation of the different forms of civilization as well as of the principal legal systems, in accordance with article 8 of the ICERD. Elections are held every 2 years at a meeting of States parties held at the UN headquarters in New York. The newly elected members will begin their term in January 2020 and their mandates will expire in January 2024.

For further information, please contact:
Taisuke Komatsu (IMADR) at tkomatsu@imadr.org,
Glenn Payot (MRG) at Glenn.Payot@mrgmail.org,
Tania Agosti (Race & Equality) at agosti@oldrace.wp

Cuban government prohibits five activists from traveling to Colombia to participate in the OAS General Assembly

The International Institute on Race, Equality and Human Rights (Race and Equality) condemns the decision by Cuban authorities to refuse to allow five activists and human rights defenders to leave the country and take part in the organization’s activities during the 49th General Assembly of the Organization of the American States, which is entitled “Innovating to strengthen hemispheric multilateralism” and takes place in Medellín, Colombia June 25-28.

On the morning of Monday, June 24, Maricel Napoles and Ileana Colas, activists from the organization Mujeres Esperanza in Santiago, were informed by migration authorities that they had been “regulated;” when questioned by the activists, an official claimed that migration agents “do not make or repeal the rules, that it must have been some minister,” and that they “could travel that same day if the problem is resolved.”

For his part, Juan Antonio Madrazo, activist and director of the organization Comité Ciudadanos por la Integración Racial was met at home by an army officer who called himself “Alejandro” and informed Madrazo that he could not travel, stating that he “must stay in his home, and that there would be no traveling to Colombia for the General Assembly for him, nor for others.” This is the third time that the activist and human rights defender has been blocked from leaving Cuba to attend one of Race and Equality’s activities this year.

Meanwhile, the activist Jimmy Roque from the organization Guardabosques and the LGTBI organization Proyecto Arcoíris was informed at the airport by migration authorities that he was not allowed to leave the country because he was currently “regulated.” It is notable that Roque was also detained for 24 hours on May 11th of this year to prevent him from participating in Cuba’s unofficial LGBTI Pride parade. This is the second time that he has been prohibited from leaving the country.

Finally, the activist Madelyn Rodríguez, member of the Consejería Jurídica e Instrucción Cívica in Pinar Del Río, having already passed through airport security, was informed at the migration checkpoint that she was regulated and that “she could not travel, at least not today.” Upon being questioned, the migration official indicated that the airport staff “only carried out decisions and therefore did not know why Rodríguez was restricted.” However, the staff also stated that it was due to the General Assembly that she could not exit.

These activists and human rights defenders had been invited by Race and Equality to participate in the Inter-American Forum against Discrimination, a space of dialogue and reflection within the General Assembly featuring Epsy Campbell, the vice-president of Costa Rica, and Commissioner Margarette May Macaulay, Special Rapporteur on the Rights of Afro-descendent Persons & Against Racial Discrimination and on the Rights of Women. Furthermore, the activists planned to take part in dialogues with OAS Secretary General Luis Almagro and with the region’s Ministers of Foreign Affairs.

Although the Cuban government is suspended from the OAS, independent civil society can participate in the organization’s activities. Such participation is a legitimate exercise of their rights.

Race and Equality recently finalized an analysis of Cuba’s justice system, finding that the Cuban government utilizes “regulations” on human rights activity to prevent rights defenders from leaving the country, with the goal of preventing them from reporting rights violations in international arenas.

In keeping with Race and Equality’s commitment to the defense and promotion of human rights, we will continue supporting Cuba’s independent civil society in demanding their rights and continue calling for the Cuban government’s compliance with its human rights obligations.

UPR: States issue recommendations to Nicaragua to ensure respect for the human rights of its citizens

Geneva, May 15, 2019. The call for the State of Nicaragua to respect the human rights of its citizens, including freedom of expression and the right of peaceful demonstration and association, was one of the most recurring recommendations from the more than 90 States that reviewed Nicaragua today during the Universal Periodic Review (UPR), held within the Human Rights Council of the United Nations in Geneva.

The recommendations given to the Nicaraguan State, 259 in total, come after a year of crisis during which serious human rights violations were committed by the authorities and parastatal groups against the population holding demonstrations. As a result, at least 325 people were killed, more than 2,000 were injured, and 62,000 people were forced to flee the country.

Other States issued recommendations to Nicaragua to release the more than 300 political prisoners in the country, to investigate the violent acts that occurred in the context of repression that started in April 2018, and to allow scrutiny by international human rights organizations such as the Inter-American Commission on Human Rights (IACHR) and the Office of the UN High Commissioner for Human Rights (OHCHR), both expelled from the country by authorities.

The State of Nicaragua, represented by Vice Chancellor Valdrack Jaentschke, presented a summary of its country report on the progress of the measures adopted by the State over the past five years to improve the human rights situation. He also repeated the official version of the government, according to which there were no spontaneous demonstrations in Nicaragua, but rather a failed coup d’état.

Jaentschke, taking distance from a widely documented reality, insisted on defending Daniel Ortega’s Administration and denied that the authorities of Nicaragua restrict freedom of expression, repress protests, imprison unjustly protesters, or help parastatal groups suppress demonstrations.

Participation of the States

A total of 94 States made recommendations to Nicaragua to improve the human rights situation in that country, including several Ibero-American delegations such as Honduras, Mexico, El Salvador, Argentina, Peru, Uruguay, Paraguay, Venezuela, Cuba, Bolivia, Chile, Colombia, Costa Rica, Ecuador, Haiti, Bahamas, the Dominican Republic, and Spain.

“My country recommends (Nicaragua) to decriminalize the right to hold peaceful protests and to free persons arbitrarily detained in the context of civil protests; to restore respect for freedom of expression and the press and free journalists who are imprisoned; to guarantee that all the people who were forced to leave Nicaragua since the beginning of the crisis can return, remain in the country in safety, and be free from reprisals; to eradicate the practice of sexual violence against women deprived of their liberty; and to resume the cooperation of Nicaragua with the Office of the High Commissioner, the IACHR and its mechanisms, and to assure them of all the guarantees necessary for the fulfillment of their mandates,” the representative of Costa Rica said.

The delegation of Spain also expressed concern over the human rights crisis in Nicaragua, along with other European countries such as Germany, France, Greece, Italy, Luxembourg, the Netherlands, Portugal, Poland, Switzerland, Sweden, Austria, Belgium, Denmark, and Malta.

The US delegation recommended that Nicaragua punish the officials, agents, and parapolice officers that have been responsible for human rights abuses, conduct investigations into the acts of violence, and allow social and religious organizations to work without restrictions or threats with legal punishment or against their lives.

Other recommendations that were made to Nicaragua were focused on respecting the guarantees of women’s sexual and reproductive rights, such as allowing access to voluntary abortion and expanding measures to reduce levels of teenage pregnancy. In addition, States recommended implementing measures to reinforce and promote equality for Afro-descendant and indigenous people, and that an LGBTI census is conducted to expand protection measures for these communities.

Process

The UPR is one of the main tools of the Human Rights Council in which countries examine each other. These recommendations are fundamental for Nicaragua to overcome the current situation of serious human rights violations and to comply with the international obligations acquired through the ratification of the human rights conventions to which Nicaragua is a party.

The recommendations given today by delegations from around the world will be reviewed by the State of Nicaragua, which will decide in September what recommendations it will commit to fulfill or of which it will only take note.

This is the third time that Nicaragua has been subjected to scrutiny under the UPR, but human rights defenders working in the country recently reported that a significant part of the 164 recommendations acquired by Nicaragua in the 2014 UPR were not fully implemented.

Recently, the Human Rights Council of the United Nations approved a resolution that allows that body to establish a system for monitoring and presenting periodic reports on the current human rights crisis in Nicaragua.

Pronouncement

The delegation of Nicaragua affirmed during the UPR review that there has been progress in access to justice, particularly for the victims of the events of April, and that the media conduct their work without prior censorship or limitations.

The Nicaraguan Vice Chancellor even claimed that no journalist has ever been arrested for exercising the right to inform, suggesting that those in prison have committed illegal acts. However, Miguel Mora, Lucía Pineda, and Marlon Powell were all arrested for their work as journalists.

In addition, he discredited the OACNUDH and the IACHR, insisting that the barricades or roadblocks in the country were centers of criminal operations. He tried to justify the disproportionate use of force used by the police, accused of having executed crimes against humanity, arguing that these forces reestablished public order and acted against what he described as “pockets of violence and terror.”

Regarding freedom of association, he said that the reason why nine organizations had their legal status cancelled was because those NGO’s were used to forge the alleged attempted coup d’etat.

Race and Equality considers it unacceptable that one year after the April protests, the Government’s narrative continues to ignore and cast aside the large body of evidence against the government that exists, without accepting its responsibility in the repression of protests.

We believe that it is unacceptable to continue denying the lives of citizens who protested and were met with death, as a result of State repression. In addition, we consider it inexcusable that instead of taking advantage of the technical assistance that could be supplied by the protection bodies of the regional and universal human rights system, the regime has chosen instead to discredit these important mechanisms.

We hope that the State of Nicaragua accepts the recommendations made and takes the necessary steps to respect freedom and to restore of democracy with the urgency that the situation requires.

Race and Equality Calls for Peace, Justice and Democracy for Venezuela

Colombia, 1st May 2019 – On April 30th, the interim President of Venezuela, Juan Guaidó, called on the Venezuelan population to join “Operation Freedom”, a massive demonstration to usher in what he himself describes as the “beginning of the end of the usurpation” of the Nicolás Maduro regime. Along with Guaidó, who issued the call in the early hours of the morning from the military base La Carlota in Caracas, was also the opposition figure Leopoldo López, who until yesterday was a political prisoner, and was freed from house arrest by defecting soldiers. The Maduro regime has described these actions as an attempted coup d’état.

In spite of this, the Venezuelan people took to the streets to demand the military forces to join them on the call for justice and freedom. However, the Police and National Guard, who are still allied to the Maduro regime, suppressed demonstrators of several cities by running over them, by using tear gas and rubber bullets, leaving dozens of people injured.

The International Institute on Race, Equality and Human Rights (Race and Equality) strongly condemns the violence and repression carried out by Venezuelan authorities against the people who demand justice, democracy and freedom through their legitimate right to protest. We urge the Venezuelan State to put an end to the violence, to guarantee peace and the right to life, freedom of expression and opinion, as well as the personal integrity of the demonstrators who today call for democracy through the constitutional path.

We urgently call on the international community to continue speaking in the face of the serious human rights crisis that Venezuela is going through, which has left more than three million people displaced to different countries in the region, as reported by UNHCR Americas, as well as serious attacks to the fundamental rights of the people who continue to demand their freedom.

We continue demanding freedom, justice, and democracy for Nicaragua

Washington, DC, April 18, 2019 – Today marks one year since a genuine popular uprising began in Nicaragua led by young people, which has ended up changing the country’s direction in pursuit of three concrete demands: freedom for those who have been arbitrarily arrested and the reestablishment of constitutional freedoms, rights, and guarantees; justice for the victims of the repression [and] guarantees of reparations and non-repetition; and democracy for the country.

What has happened in Nicaragua

Twelve months ago, a group of mostly university students together with older people organized protests in the cities of León and Managua due to some reforms that were made to the Social Security Law without holding consultations.  The repression on April 18, 2018 against older people, youth, and journalists by government-aligned mobs and groups caused so much outrage on the part of the population that the protests expanded to several cities throughout the country.  However, the repression also escalated and began being committed with support from the police and parastatal entities utilizing weapons of war.  The first three deaths were reported on April 19.

Thus, during the first six months of the crisis, the violent State repression resulted in at least 325 people dead and another 2,000 injured, according to figures provided by the Inter-American Commission on Human Rights (IACHR), an organ that installed the most extensive in-country mission in its history: from July through December, the Special Monitoring Mechanism for Nicaragua (MESENI) and the Interdisciplinary Group of Independent Experts (GIEI) recorded the incidents of violence and accompanied the victims until the government decided to shutter the former’s mission and not extend the latter’s mandate, as well as pressure it to immediately leave the country.

Through August, the IACHR missions worked jointly with a mission from the Office of the United Nations High Commissioner for Human Rights (OHCHR), which was itself thrown out of the country after presenting a report in which it confirmed that the State had abused its authority and caused extrajudicial executions, forced disappearances, arbitrary detentions, torture, and sexual violence.  The GIEI labeled those same incidents as crimes against humanity.

Fearing deadly violence, possible torture, or arrest, thousands of people fled the country: it is estimated that between 40,000 and 60,000 Nicaraguans went into exile in Costa Rica alone.

In the second six months of the crisis, the repression was selective.  The authorities arrested more than 700 people and hundreds of them were tried for crimes such as terrorism, assassination, robbery, [and] disrupting public order, simply for having participated in the protests.  That was followed by a ban against demonstrations of any kind by citizens in the opposition; the shuttering and confiscation of independent media and forced exile of tens of journalists in the face of imminent arrest; persecution and harassment of Nicaraguan human rights defenders and deportation of nationalized defenders; and arbitrary cancelation of the legal status of non-governmental organizations dedicated to protecting human [and] environmental rights or performing research.

In February of this year, a new attempt at establishing a dialogue has opened the way to a possible peaceful resolution to the crisis; however, while the government has committed to freeing all political prisoners, canceling the judicial proceedings against them, and respecting the citizen rights and guarantees that were revoked a year ago, these commitments have not been respected and the police continue to prohibit peaceful protests and maintain an intimidatory presence on the streets.

What do the Nicaraguan defenders have to say about this?

“It has been a year of pain, outrage, and impotence, a year in which the harshest and most depraved repression in our history has been unleashed,” note the defenders from the Centro Nicaragüense de Derechos Humanos [Nicaraguan Human Rights Center] (CENIDH).

Notwithstanding, they affirm that the crisis “has revealed the unflagging capacity of the Nicaraguan people to persist in its demand for justice,” as well as its high capacity for organization, “despite all of the victims, assaults, and latent threat of being assaulted by the National Police, paramilitaries, and shock troops.”

The Centro por la Justicia y Derechos Humanos de la Costa Atlántica de Nicaragua [Center for Justice and Human Rights of the Atlantic Coast of Nicaragua] (CEJUDHCAN) also highlights that human rights violations continue in the country, and despite the fact that the agreements in the current negotiations have not been upheld by the government, the Center continues to believe that dialogue is necessary and urgent because the crisis in the country is unsustainable.

CEJUDHCAN believes that another issue that has not been included in the negotiations is justice for the indigenous peoples and Afro-descendants with regard to the violations of the indigenous peoples’ right to self-determination, lack of guarantees for indigenous people’s communal property, [and] vulnerability of defenders [and] indigenous community and territorial leaders, among others.

The Asociación Diversidad Sexual Nicaragüense [Nicaraguan Sexual Diversity Association] (ADISNIC) believes three issues of the utmost importance that should be prioritized in the current negotiations are “the return of international human rights bodies; restoration of legal status to civil society organizations who had it canceled; and a cessation of the persecution of defenders and activists.”

In order to comply with these agreements, the human rights organizations agree that it is necessary to be accompanied by international human rights organs such as the IACHR and OHCHR in order for the agreements established by the parties to materialize and inter-sectoral commissions to be created that include civil society, the government, and social movements that act as internal auditors regarding compliance of said agreements.

Nevertheless, CENIDH believes that “as long as there is no political will to guarantee and respect human rights, all of the demands of the Nicaraguan people will remain unsatisfied.”

The organizations recommend that the international community should support Nicaragua in the following ways: continue expounding upon, denouncing, and calling for a cessation of the repression within the framework of regional and international human rights legislation; act as an indispensable bridge in the search for a peaceful solution that guarantees compliance with the accords; continue the conversations in diverse international fora so as to generate greater commitments from other international actors; constantly follow and monitor the state of indigenous peoples’ human rights in Nicaragua; [and carry out] actions to support and monitor the situation of Nicaraguans who have been displaced to other countries, especially countries in the Central American region.

Other ways in which they can show support if the negotiations do not produce the expected results are to promote the application of the Inter-American Democratic Charter in the face of the lack of human rights guarantees and impacts on Nicaraguan democracy; activate extraordinary political and financial pressure mechanisms to confront the human rights crisis (including on the Caribbean Northern Coast of Nicaragua) that has yet to be declared by the national government; and [perform] actions to support and finance civil society organizations in the face of the closure of spaces and imposition of administrative and financial obstacles, so as to guarantee their work in defense of human rights.

Our stance

On this day, Race & Equality adds its voice to the cries for freedom, justice, and democracy for the Nicaraguan people.  We join the urgent call that broad sectors of the national and international communities have repeatedly issued to the State of Nicaragua to commit itself to the efforts undertaken by many sectors of society to reestablish peace and the rule of law that have been weakened since Daniel Ortega returned to power in 2007.

It is our desire that the solution to this conflict that has inflicted so much pain and financial loss on the Nicaraguan people be pursued through dialogue, by guaranteeing critical spaces for political participation, freedom of expression and association, and the full and effective enjoyment of the human rights enshrined in the Nicaraguan Constitution and international human rights instruments.

We call on the State of Nicaragua to have the guarantees of reparations and non-repetition serve as the emblem of the political will that is necessary to ensure that the crimes against humanity which have forever marked the history of the Nicaraguan people within the framework of this conflict do not go unpunished.  To that end, we believe the participation of the international community in the role of mediator is of the utmost importance in the negotiation spaces that have effectively been established in the country, especially in order to guarantee that the voices of the victims, exiled Nicaraguans, and historically invisible sectors are heard and taken into account as a part of the justice process that leads to the reestablishment of peace and democracy.

We urge the government of Nicaragua to establish the necessary conditions to put into practice the agreements that have already been reached by the negotiation roundtable regarding the enforceability of the rights inherent to all Nicaraguans.  To that end, we call for the release of the more than 700 political prisoners who have been arbitrarily detained and unjustly tried.  Likewise, we call for the cessation of the criminalization and harassment of political prisoners, so that their reincorporation into the life of society transpires with due guarantees of their fundamental rights, rather than under conditions of fear and persecution that threaten their integrity and life projects.

We urge the State to guarantee the legitimate right to freedom of expression, opinion, and social protest, participation mechanisms that guarantee societal equilibrium and therefore, q milieu that is favorable for democratic life.  Likewise, we demand that the social organizations, human rights defenders, independent media, and all other opinion leaders cease being victims of persecution, criminalization, and designation as “instigators of social unrest,” and are [instead] permitted to freely and fully participate in the discussion and dialogue as befits a pluralist and inclusive nation.  To that end, we urgently request that the right to freedom of association be guaranteed by restoring the legal status of independent civil society organizations that today are victims of the arbitrary decisions of the government of Daniel Ortega.

We issue a special call to the international community to continue monitoring the state of human rights in the Central American country, particularly at this time of supposed openness to dialogue and negotiation, so that truth, justice, reparations, and guarantees of non-repetition recognize the differentiated impacts the crisis has had on the lives of women, the indigenous population, Afro-descendants, and the LGBTI community, social groups that have historically and structurally been ‘invisibilized’ and marginalized and have become the target of multiple assaults within the context of the sociopolitical conflict that has yet to be resolved.

As an institution that works for the defense and recognition of human rights, Race & Equality dedicates itself to continue working to ensure that the voice of Nicaraguans is heard and effectively taken into account, and so that the crimes committed against those who gave their lives to defend freedom in Nicaragua do not go unpunished.

Remarks in Geneva: Need for International Guarantors to Ensure Respect for Human Rights in Nicaragua

Two Nicaraguan human rights defenders, a journalist, and the relative of a political prisoner discussed on April 4th in Geneva, the current state of the deterioration of human rights in their country and asked for more pressure to be exerted on the Nicaraguan government to permit international guarantors to guarantee the agreements that emerge from the negotiations between the government and civil society.

More than 40 diplomatic missions interested in knowing first-hand about the status of the crisis that began in April 2018 gathered at the event – “Rights, Reprisals, and Repression in Nicaragua” – hosted by the missions of the United States, Argentina, Brazil, Chile, and Georgia in the Palace of Nations at the UN.

As a result of violent State repression, 325 people have died and more than 2,000 have been injured, according to the Inter-American Commission on Human Rights (IACHR).  To date, at least 647 people continue imprisoned for having participated in civic protests.  In addition, media outlets have been shuttered, organizations declared illegal, and more than 50,000 people have had to flee the country to avoid becoming victims of the violence.

The event was moderated by Roger Carstens, Deputy Assistant Secretary of State from the Bureau of Democracy, Human Rights, and Labor; speakers included Paulo Abrão, Executive Secretary of the IACHR; Vilma Núñez, President of the Nicaraguan Center for Human Rights (CENIDH, for its initials in Spanish); Aníbal Toruño, Director of Radio Darío; and Winny Sobalvarro of the Committee in Favor of the Release of Political Prisoners in Nicaragua.

Carstens maintained that it is essential that “all prisoners who were detained for peacefully participating in opposition protests must be released; we want accountability for any crime committed against those prisoners and against all Nicaraguans during the last year,” and he went on to note that “the respect for human rights must be reinstated” in Nicaragua.

Abrão declared that without the presence of international guarantors, the relatives of the victims will not have any assurances that there will be compliance with the agreements assumed by the government: “They will have no assurance that exiles will be able to return to their country without fear and without reprisals, that the process of freeing political prisoners will follow correct protocols, that human rights organizations that were shuttered in the country will have their legal status reinstituted, and that freedom of the press will be restored along with the return of the assets of independent media and radio and television stations that were closed.”

Nor, according to Abrão, will it be possible to guarantee that “the electoral system will be able to produce new elections in the future that can be considered legitimate and that the country’s justice system will be in a position to fulfill and respond to the victims’ demand for the correct sanctions on those responsible for these grave human rights violations.”

Vilma Núñez, for her part, maintained that it has been vital for the human rights defenders and the citizenry in general to have the support of the international community, both in terms of the work of the international human rights protection mechanisms, as well as various countries’ commitment to democracy and human rights.

The Permanent Representative of Argentina to the UN Human Rights Council, Carlos Foradori, recalled that last March the delegations of Brazil, Canada, Costa Rica, Chile, Colombia, Ecuador, Peru, Paraguay, and Argentina presented Resolution L8, “Protection and Promotion of Human Rights in Nicaragua,” which was approved by the Council; its objectives are to include the state of human rights in that country on the international agenda and encourage the High Commissioner for Human Rights, Michelle Bachelet, to periodically present information on Nicaragua to the Council.

“Our countries continue to monitor the sponsors so as to ensure a dialogue process in Nicaragua.  We believe that an inclusive and meaningful dialogue is the best way to make progress in guaranteeing a peaceful solution to the situation,” added Foradori.

Nicaraguan delegation describes the situation of its country to the UN Human Rights Council before the next UPR

Geneva, April 3, 2019. In anticipation of the Universal Periodic Review (UPR) of Nicaragua by the Human Rights Council in May, a group of human rights defenders and members of the Nicaraguan civil society described the current situation of their country to the international community in Geneva. The country has had a deep human rights crisis for almost a year.

This UPR Pre-Session was attended by representatives of the Nicaraguan Center for Human Rights (Cenidh, for its initials in Spanish), Ipas Central America, the Women’s Autonomous Movement (MAM, for its initials in Spanish), the Del Rio Foundation, the Nicaraguan Platform of NGO Networks, the Center for Justice and Human Rights of Nicaragua’s Atlantic Coast (CEJUDHCAN, for its initials in Spanish), and the Marist International Solidarity Foundation (FMSI, for its initials in Spanish). All of the human right defenders exposed the violations of human rights committed in Nicaragua with the objective of educating the States that will evaluate Nicaragua in the near future.

Every five years, the UPR offers each State the opportunity to declare what steps they have taken to improve the human rights situation in their countries and to comply with its obligations in this area. However, no representatives of the State of Nicaragua attended the pre-session held today.

The event was attended by 43 diplomatic missions in Geneva, including the missions from Chile, Colombia, Belgium, Canada and Argentina. These missions asked questions focused on the situation of the more than 700 political prisoners, as well as questions regarding judicial independence and the progress of the negotiations that are currently being held between the government and civil society.

Presentation

“There has been a profound deterioration in the state of human rights in Nicaragua characterized by the repression begun in April 2018 and its effects: deaths, persons injured and disappeared, and hundreds of persons now facing trial without the guarantees of due process,” said Vilma Núñez, president of the Cenidh, during her presentation.

Núñez added that “the current government – authoritarian, repressive, and a human rights violator – has plunged the country into a profound crisis marked by social discontent and a decline in the economy that has generated unemployment, the migration of thousands of Nicaraguans, and the impoverishment of broad sectors of the population”.

Since April 2018, Nicaragua has been submerged in a serious human rights crisis that has continued to intensify. During the last two months, the government has been silencing dissenting voices. Violence is more selectively manifested towards human rights defenders, women, journalists, independent media, LGBTI persons, and civil society organizations.

Juanita Jiménez, of the MAM, emphasized that Nicaragua “has weakened the fundamental guarantees for exercising freedom of expression and protest, characterized during the 2014-2019 period by assaults, repression and intimidation, arbitrary detentions, police oversight, the tapping of independent journalists’ phones, and in the case of women, they have been victims of repeated acts of institutional violence, with attacks recorded against female journalists laced with violence and misogyny.”

Regarding the indigenous peoples and ethnic communities of the Autonomous Regions of Nicaragua, Lottie Cuningham of CEJUDHCAN pointed out that “they continue living under unacceptable conditions of inequality in a reality marked by violence, invasion of their territories, disrespect for the elections of their traditional authorities, installation of megaprojects without their prior consent, corruption, and impunity.”

Recommendations

Each of the human rights defenders who attended the pre-session of the UPR presented their recommendations to the State of Nicaragua, which could be taken up by the States that will evaluate the country in May. The recommendations included the following:

– Guarantee the rapid, exhaustive, independent, and transparent investigation of all denunciations of rape, torture, and other abuses allegedly committed by the authorities and by those acting as agents of the authorities, demand rightful responsibility, and provide reparations and compensation to the victims.

– Respect the right to social protest and refrain from continuing to criminalize protest. Persons incarcerated for having questioned the regime through their ideas and actions must be immediately released.

– Draft, together with human rights defenders, a Protocol for the Protection of Human Rights Defenders in Nicaragua in order to overcome the current conditions of insecurity, harassment, stigmatization, and criminalization.

– Promote, together with an international support team, an in-depth investigation of all denunciations made against hospitals and other entities that did not provide appropriate medical attention during the protests in April 2018 and subsequent months.

– Demand that the State permit international bodies to enter and remain in the country and have unlimited access to relevant information so that they may analyze, verify, and indicate the responsibilities and define the corrective measures and sanctions for those responsible for violating the population’s right to health.

– Guarantee a system for recording information so as to provide an understanding of the real state of the violence, sexual violence, and maternal mortality in the country in order to develop appropriate strategies and actions for timely prevention and attention.

– Develop a State policy for attending to other victims of femicide, including sons, daughters, and other relatives, and create a Special Fund for compensating the families of femicide victims.

– Restore the territorial rights of indigenous communities, protecting them from the invasions of “settlers/colonists” or non-indigenous persons and third parties by establishing a dialogue with the traditional authorities to reach agreement on the procedure for freeing 23 titled indigenous lands of encumbrances.

– Consult indigenous peoples prior to initiating planned legislative or administrative measures that can directly affect them, such as megaprojects, extractive activities, or infrastructure works.

State did not comply with recommendations

The recommendations that were made to the State of Nicaragua in the previous UPR, in 2014, “were not implemented,” said Mayte Ochoa, of Ipas Central America, who maintained that the government “in some cases took on commitments it did not fulfill and in others, refused to undertake the required reforms and adapt legislation to international standards.”

“We will continue helping people with disabilities despite all obstacles.”

On March 26 and 27, Cuba will be reviewed by the Committee on the Rights of Persons with Disabilities, as a State Party to the Convention on the Rights of Persons with Disabilities. In the spirit of the upcoming review, we present this interview with Juan del Pilar Goberna Hernández, founder of the Red de Cultura Inclusiva.

The Red de Cultura Inclusiva [Network of Inclusive Culture] is an independent organization that has provided assistance since 2016 to persons with motor, visual, and auditory disabilities in Cuba as a resource for people with disabilities living in a totalitarian context.

One of the drivers of this network is Juan del Pilar Goberna Hernández, a man who completely lost his vision six years ago and decided to dedicate all of his energy to fighting against the innumerable barriers of all kinds faced by persons with disabilities in Cuba.  This human rights activist was prevented from becoming a member of the Asociación Nacional del Ciego [National Association of the Blind] (ANCI) due to his expression of political ideas that run contrary to the Castro regime.

Why was the Network of Inclusive Culture founded, and what are its objectives? 

When I lost my eyesight in 2012, my family and I began to realize the difficulties these people have, how this and other disabilities change you and your family’s lives completely.  We also saw the huge amount of ignorance people have regarding disabilities, as they don’t even know that an international convention exists to protect their rights.

The Network was created in order to spread knowledge regarding these people’s rights, visualize their problems, and provide counsel in any way we can.  We are an entirely civic non-profit organization; we don’t wish to go against the government, but its intolerant stance prevents us from doing our work.

To date, what work has the Network done and what has been its scope and impact?

We have hosted dialogue roundtables and workshops with persons with disabilities and persons who wish to join the Network to help these types of people.  We monitor cases that don’t enjoy governmental protection or in which such protection has been very weak.  We prioritize human rights activists, due to the extreme vulnerability to which they are subject from the double discrimination they face.

In addition, we have created a database of many of the structural barriers that exist in the country.  We collect cases of persons with disabilities whose stories are published by the official media.  Our Network has reached provinces such as Holguín, Granma, Cienfuegos, Villa Clara, and Matanzas.  We would travel and meet even more people but for a lack of available funds.

Although the impact of our work is reflected very slowly in the daily life of society, it was very rewarding when we learned that in Holguín, for example, last year 150 structural barriers were eliminated, and a greater number of publicity spots [aired] on television about how one should treat persons with disabilities.  The television program ‘Cuando una mujer’ [When A Woman] also has included cases of persons with some sort of physical limitation.

How has the regime’s repression toward the Network manifested itself?

On several occasions, when we learn of a case and visit the person, State Security visits them afterward and spreads fear in the person or makes them false promises that they will help them.  These people get scared and cut off contact with us.  Both my wife, Acelia Carvajal, and myself have been detained by State Security and they have threatened us in many ways and clearly tell us they will not allow us to do our work.

Other members of the Network, like Daniurka González, have also been interrogated by State Secrutity on several occasions.  When we host activities, we feel the political police are watching us.

The repression has increased since we attended the 164th Extraordinary Session of the Inter-American Commission on Human Rights on Persons with Disabilities in Mexico in September of last year (2018), where we made documented presentations on two cases of children with child cerebral paralysis who have been completely abandoned, out of a total of eight cases we had compiled.

During that event, we focused on several rights that are violated, such as the rights to association and assembly, as well as the discrimination suffered by people with disabilities for political reasons, for not agreeing with the government.

All of that upsets the regime, and that is why they have prohibited my wife from leaving the country, thereby ensuring we cannot continue to make presentations in international fora on the neglect and indifference shown by State institutions toward many, many people with disabilities in Cuba, and even moreso if they are political opponents.

What final message would you like to transmit regarding your civic work?

We would simply like to coexist alongside the associations created by the government for people with some type of disability, as well as help not only those people but also their relatives.  Our work is purely civic and humanitarian.  We have told the authorities time and again: all we wish is for is compliance with the established rights of persons with disabilities, which today are a dead letter.  And thus shall we continue, despite the obstacles.

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